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NLRB Extends Time For Public Comment on Whether Profane Language In the Workplace Is Protected Under NLRA


At the start of the month, the National Labor Relations Board (“NLRB”) announced that it had extended the time period for public comment on whether profane or offensive language in the workplace is protected under the National Labor Relations Act (“NLRA”.)

For those needing a refresher, General Motors LLC is a case currently before the NLRB.  That case centers around whether a worker who was a union official lost NLRA protection when he threatened to “shove” an item up the backside of a supervisor and spoke in “slave like vernacular.”  Currently, such conduct is protected under the NLRA, but the NLRB is grappling with the question of whether this conduct is in fact outside the scope of what is acceptable (and protected) workplace behavior.

As of this writing, the NLRB announced it would continue to accept briefs on the topic up until November 12th.  For those that feel strongly on the matter, get writing.  That clock is ticking.


For additional information:  https://www.nlrb.gov/news-outreach/news-story/nlrb-extends-time-submitting-briefs-regarding-nlra-protection-profane-or

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